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 Department of Transportation Federal Aviation Administration 14 CFR Part 39
[Docket No. FAA-2024-0225; Project Identifier MCAI-2023-00725-T]
RIN 2120-AA64
 AGENCY: Federal Aviation Administration (FAA), DOT.
 ACTION: Notice of proposed rulemaking (NPRM).
 SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus Canada Limited Partnership Model BD-500-1A10 and BD-500-1A11 airplanes. This proposed AD was prompted by a design review of aircraft structural and stress reports that resulted in a revision of operational loads for some aircraft flight phases. This proposed AD would require using a certain version of the aircraft structural repair manual (ASRP) and a review and disposition of repairs based on previous versions, as specified in a Transport Canada AD, which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products.
 DATES: The FAA must receive comments on this proposed AD by March 28, 2024.
 ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: *Federal eRulemaking Portal:*
                         Go to 
                        *regulations.gov*. Follow the instructions for submitting comments.
                    *Fax:*
                         202-493-2251.
                    *Mail:*
                         U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
                    *Hand Delivery:*
                         Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. *AD Docket:*
                         You may examine the AD docket at 
                        *regulations.gov*
                         under Docket No. FAA-2024-0225; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this NPRM, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The street address for Docket Operations is listed above. *Material Incorporated by Reference:* For material that is proposed for IBR in this AD, contact Transport Canada, Transport Canada National Aircraft Certification, 159 Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888-663-3639; email*TC.AirworthinessDirectives-Consignesdenavigabilite.TC@tc.gc.ca.*
                         You may find this material on the Transport Canada website at 
                        *tc.canada.ca/en/aviation.*
                         It is also available at 
                        *regulations.gov*
                         under Docket No. FAA-2024-0225.
                    You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195.
 FOR FURTHER INFORMATION CONTACT: Yaser Osman, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; email 
                        *9-avs-nyaco-cos@faa.gov.*


SUPPLEMENTARY INFORMATION: Comments Invited The FAA invites you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under 
                    **ADDRESSES**
                    . Include “Docket No. FAA-2024-0225; Project Identifier MCAI-2023-00725-T” at the beginning of your comments. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend this proposal because of those comments. Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to 
                    *regulations.gov*, including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this NPRM. Confidential Business Information CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as “PROPIN.” The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this NPRM. Submissions containing CBI should be sent to Yaser Osman, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; email 
                    *9-avs-nyaco-cos@faa.gov.*
                     Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. Background Transport Canada, which is the aviation authority for Canada, has issued Transport Canada AD CF-2023-
                    ( print page 9799)
                    37, dated May 30, 2023 (Transport Canada AD CF-2023-37) (also referred to as the MCAI), to correct an unsafe condition for all Airbus Canada Limited Partnership Model BD-500-1A10 and BD-500-1A11 airplanes. The MCAI states that a design review of aircraft structural and stress reports has resulted in a revision of operational loads for some aircraft flight phases, affecting certain aircraft sections. As a result, repairs and damage assessments accomplished on aircraft to date may have exceeded the available structural margins and require review to ensure they comply with the revised stress data for the affected sections. This AD mandates that ASRP 136.01 or later approved versions, or Airbus Canada source data approved at the time of the disposition, is to be used for any new structural assessments, repairs and dispositions for all model BD-500-1A10 and model BD-500-1A11 airplanes. Additionally, this AD mandates the review and disposition of all repairs and damage assessments for affected structure and prohibits use of previously authorized repairs as source data to generate new repairs for affected structure for model BD-500-1A10 airplanes. There is an ongoing review of affected areas for model BD-500-1A11 airplanes which may result in additional corrective action for assessment and disposition of existing and new structural repairs and damage assessments. The FAA is proposing this AD to address in-service repairs in some structural areas that require verification, and possibly further repair, because, if not addressed, they can cause negative margins for the load envelopes. You may examine the MCAI in the AD docket at 
                    *regulations.gov*
                     under Docket No. FAA-2024-0225. Related Service Information Under 1 CFR Part 51 Transport Canada AD CF-2023-37 specifies procedures for doing a verification/record check of previous aircraft damage and repairs and determining if previous repairs require further action based on revised limits and damage assessments. Transport Canada AD CF-2023-37 further prohibits the use of ASRPs prior to 136.01 and certain repair engineering orders, and instead mandates, for damage assessment, the use of ASRP 136.01 or later, or Airbus Canada source data approved as of the effective date of the AD. This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in 
                    **ADDRESSES.** FAA's Determination This product has been approved by the aviation authority of another country and is approved for operation in the United States. Pursuant to the FAA's bilateral agreement with this State of Design Authority, it has notified the FAA of the unsafe condition described in the MCAI referenced above. The FAA is issuing this NPRM after determining that the unsafe condition described previously is likely to exist or develop in other products of the same type design. Proposed AD Requirements in This NPRM This proposed AD would require accomplishing the actions specified in Transport Canada AD CF-2023-37 described previously, except for any differences identified as exceptions in the regulatory text of this proposed AD. Explanation of Required Compliance Information In the FAA's ongoing efforts to improve the efficiency of the AD process, the FAA developed a process to use some civil aviation authority (CAA) ADs as the primary source of information for compliance with requirements for corresponding FAA ADs. The FAA has been coordinating this process with manufacturers and CAAs. As a result, the FAA proposes to incorporate Transport Canada AD CF-2023-37 by reference in the FAA final rule. This proposed AD would, therefore, require compliance with Transport Canada AD CF-2023-37 in its entirety through that incorporation, except for any differences identified as exceptions in the regulatory text of this proposed AD. Service information required by Transport Canada AD CF-2023-37 for compliance will be available at 
                    *regulations.gov*
                     under Docket No. FAA-2024-0225 after the FAA final rule is published. Costs of Compliance The FAA estimates that this AD, if adopted as proposed, would affect 45 airplanes of U.S. registry. The FAA estimates the following costs to comply with this proposed AD: Estimated Costs for Required Actions
Labor cost
Parts cost
Cost per
                             product
Cost on U.S. operators2 work-hours × $85 per hour = $170
$0
$170
$7,650
 The FAA has received no definitive data on which to base the cost estimates for the on-condition actions specified in this proposed AD. The FAA has included all known costs in its cost estimate. According to the manufacturer, however, some or all of the costs of this proposed AD may be covered under warranty, thereby reducing the cost impact on affected operators. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority. The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings The FAA determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation:
                    ( print page 9800) (1) Is not a “significant regulatory action” under Executive Order 12866, (2) Would not affect intrastate aviation in Alaska, and (3) Would not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation
Aircraft
Aviation safety
Incorporation by reference
Safety
 The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES
 1.The authority citation for part 39 continues to read as follows: Authority
                    : 49 U.S.C. 106(g), 40113, 44701. § 39.13
 2.The FAA amends § 39.13 by adding the following new airworthiness directive: **Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.):**
                         Docket No. FAA-2024-0225; Project Identifier MCAI-2023-00725-T. (a) Comments Due Date The FAA must receive comments on this airworthiness directive (AD) by March 28, 2024. (b) Affected ADs None. (c) Applicability This AD applies to all Airbus Canada Limited Partnership (Type Certificate previously held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.) Model BD-500-1A10 and BD-500-1A11 airplanes, certificated in any category. (d) Subject Air Transport Association (ATA) of America Code 51, Standard practices/structures. (e) Unsafe Condition This AD was prompted by a design review of aircraft structural and stress reports that resulted in a revision of operational loads for some aircraft flight phases. The FAA is issuing this AD to address in-service repairs in some structural areas that require verification, and possibly further repair. The unsafe condition, if not addressed, could result in negative margins for the load envelopes. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Requirements Except as specified in paragraph (h) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, Transport Canada AD CF-2023-37, dated May 30, 2023 (Transport Canada AD CF-2023-37). (h) Exceptions to Transport Canada AD CF-2023-37 (1) Where Transport Canada AD CF-2023-37 refers to its effective date, this AD requires using the effective date of this AD. (2) Where Part I of Transport Canada AD CF-2023-37 specifies operators may use Airbus Canada source data, for this AD, any repair using Airbus Canada source data must be accomplished using a method approved by the Manager, International Validation Branch, FAA; or Transport Canada; or Airbus Canada Limited Partnership's Transport Canada Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAO-authorized signature. (3) Where the definition of “Affected Structure” in Transport Canada AD CF-2023-37 specifies “as identified in Service Bulletin (SB) BD500-530011, Issue 002, dated 06 December 2022 or later revisions approved by the Chief, Continuing Airworthiness, Transport Canada,” this AD requires replacing those words with “as identified in Airbus Canada Service Bulletin (SB) BD500-530011, Issue 002, dated 06 December.” (i) Additional AD Provisions The following provisions also apply to this AD: (1) 
                        *Alternative Methods of Compliance (AMOCs):*
                         The Manager, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the manager of the International Validation Branch, mail it to the address identified in paragraph (i)(2) of this AD. Information may be emailed to: 
                        *9-AVS-NYACO-COS@faa.gov.*
                         Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. (2) 
                        *Contacting the Manufacturer:*
                         For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, International Validation Branch, FAA; or Transport Canada; or Airbus Canada Limited Partnership's Transport Canada Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAO-authorized signature. (j) Additional Information For more information about this AD, contact Yaser Osman, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; email 
                        *9-avs-nyaco-cos@faa.gov.* (k) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (i) Transport Canada AD CF-2023-37, dated May 30, 2023. (ii) [Reserved] (3) For Transport Canada AD CF-2023-37, contact Transport Canada, Transport Canada National Aircraft Certification, 159 Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888-663-3639; email 
                        *TC.AirworthinessDirectives-Consignesdenavigabilite.TC@tc.gc.ca.*
                         You may find this Transport Canada AD on the Transport Canada website at 
                        *tc.canada.ca/en/aviation.* (4) You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. (5) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit 
                        *www.archives.gov/​federal-register/​cfr/​ibr-locations,*
                         or email 
                        *fr.inspection@nara.gov.* Issued on February 6, 2024. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service.


[FR Doc. 2024-02724 Filed 2-9-24; 8:45 am] BILLING CODE 4910-13-P